Summary
affirming conviction and finding probable cause to arrest when “the officer saw defendant's left hand and the other man's right hand ‘touching one another’ for between ten and thirty seconds ... the officer observed a plastic bag containing a white substance ‘peeking out’ from defendant's closed right fist”
Summary of this case from Perez v. DuranOpinion
2012-06-26
The PEOPLE & c., Respondent, v. Danny MARTIN, Appellant.
Willkie Farr & Gallagher LLP, New York City (Mei Lin Kwan-Gett and James F. Caputo of counsel), and Legal Aid Society of New York (Denise Fabiano and Steven Banks of counsel) for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Jared Wolkowitz and Sheila O'Shea of counsel), for respondent.
Willkie Farr & Gallagher LLP, New York City (Mei Lin Kwan-Gett and James F. Caputo of counsel), and Legal Aid Society of New York (Denise Fabiano and Steven Banks of counsel) for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Jared Wolkowitz and Sheila O'Shea of counsel), for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed ( see People v. De Bour, 40 N.Y.2d 210, 386 N.Y.S.2d 375, 352 N.E.2d 562 [1976] ). Whether Detective Barnes had a founded suspicion to approach defendant, or probable cause to arrest him involve mixed questions of law and fact, beyond our review if the determination is supported by the record. Because such record evidence exists here, the issues are beyond further review by this Court. Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.